My Girlfriend and I have been together for a little over 10 yrs. Now, I had a successful delivery business of 8 yrs. Up until 2002 when the bottom fell out of the industry, and mostly through pride and achievement I didn't want to see it lost. Having said that, I not only lost the business but now everything is in collections, about $80k in debt.
Seeing I was in trouble she tried to help me out for the last couple of years, herself going into debt. The only outstanding thing she has now, thanks to me, is a credit card charge off now collections of $33k. I am in the State of Texas, and have learned since reading this website that her home cannot be seized but it CAN be levied or a lien put on it. Her wages cannot be garnished, but her bank account CAN be attached.
This is not her fault at all, its mine for holding on too long with the business. The collection agency (the third one) could care less about the circumstances, and I believe are now seeking a judgement against her for the debt plus all other costs. They attempted to serve her with papers yesterday, but she was at work. Got a real ugly notice on the door about paying for extra costs of a "camp out" P.I. amongst other things.
She, NOR I, until just THIS month, have NOT had the means to pay them back at all. I only see three alternatives based on our situation, and this is a long post already, I apologize.
One: Call the low life collection law firm that is now handling it (Wapaw & Wapaw), and see what they have to offer for payment plans if any, beings they are still calling. If its $900/ mo like the original creditor wanted they can forget it, there's no way.
Second: Try to get a home equity loan if we have ANY equity left in the house, since we've already done one to pay other bills with, which with this going on I'm not sure we can get (qualify for).
Third: File for Chapter 7 BK, cause right now we are so upside down on everything, and can't even pay for the bills we have NOW, let alone ANOTHER one through these ppl/and or judgement soon to happen I believe, our NOW incurred debt to income ratio for both of us is 6 to 1 against, so I'm sure we or her rather would qualify. I NOR SHE WANT to do this, but we are running out of time and options.
Any and all advice is definitely welcome on how to avoid this judgement and pre aplogize for long post.
